2011-27660 Reso Inc. RESOLUTION NO. 2011 - 27660
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1
TO THE CITY'S ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE DEPARTMENT AND PARKING DEPARTMENT TOWING
PERMITS, AS REVISED ON JULY 15, 2009; AMENDING SECTION 5,
ENTITLED, "STORAGE AREA/STORAGE FACILITY(IES)," BY 1.)
AMENDING THE MINIMUM VEHICLE STORAGE CAPACITY FROM
ONE HUNDRED (100) VEHICLES, TO NO LESS THAN A MINIMUM
OF THIRTY -ONE (31) VEHICLES, AND NO MORE THAN A
MAXIMUM OF ONE HUNDRED (100) VEHICLES; AND 2.)
REQUIRING PERMITTEES TO UTILIZE THEIR TOWED VEHICLE
STORAGE AREAS /STORAGE FACILITIES LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF MIAMI BEACH TO ONLY STORE
VEHICLES TOWED WITHIN THE CITY LIMITS OF THE CITY OF
MIAMI BEACH.
WHEREAS, Chapter 106, Article V, Sections 106 -211 through 106 -222 of the
Miami Beach City Code, provide for the issuance by the City of towing permits for the
towing of vehicles identified by the City as requiring removal from public property; and
WHEREAS, Section 106 -212 provides that the City Manager shall promulgate
such administrative rules and regulations for police and parking towing permits, as may
be necessary to govern the discharge of services required under the aforestated Article
V of the City Code, subject to the approval of the City Commission; and
WHEREAS, Section 5 of the aforestated Administrative Rules and Regulations
(as revised on July 15, 2009, and as adopted by the City Commission pursuant to
Resolution No. 2009 - 27151), currently requires permittees to maintain storage facilities
fora minimum of one hundred (100) vehicles; and
WHEREAS, towed vehicle storage capacity is a critical component to providing
towing services; and
WHEREAS, the following amendments to the vehicle storage requirements in
Section 5 of the Administrative Rules and Regulations have been proposed: 1.)
amending the towed vehicle storage requirement from a one hundred (100) vehicle
storage capacity requirement, to a requirement of no Tess than thirty -one (31) vehicles,
and no more than one hundred (100) vehicles; and 2.) requiring that permittees only
store vehicles towed within the city limits of the City of Miami Beach within the
aforestated storage facilities (i.e. maintained by permittees in the City).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve Amendment No.1 to the Administrative Rules and
Regulations for Police Department and Parking Department Towing Permits, as
revised on July 15, 2009; amending Section 5, entitled, "Storage Area /Storage
Facility(ies)," as follows: 1.) amending the minimum towed vehicle storage capacity that
permittees are required to maintain at their facilities from one hundred (100) vehicles, to
n o Tess than a minimum of thirty-one (31) vehicles and no more than a maximum of one
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hundred (100) vehicles; and 2.) requiring that permittees utilize their storage facilities
located within the city limits of the City of Miami Beach to only store vehicles towed
within the city limits of the City of Miami Beach (both amendments as more specifically
set forth in the attached Exhibit "A" to this Resolution).
PASSED AND ADOPTED this / /Pt day of , 2011
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Exhibit "A"
5. STORAGE AREA/STORAGE FACILITY(IES)
Permittee shall have available outside storage for a minimum of thirty -one (31)
vehicles and no more than a maximum of one hundred (100) vehicles. Said storage
area will be enclosed in accordance with applicable zoning requirements. At a
minimum, Permittee shall surround the storage area with a chain -link fence or solid -wall
type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to
reveal persons and vehicles at a distance of at least 150 feet during evening hours.
Permittee shall use such security measures as necessary to prevent theft, vandalism,
stripping and dismantling of parts from vehicles in all storage areas.
Permittee shall provide a completely enclosed inside storage area (solid walls,
roof, and access door) for at least five (5) vehicles. Said area will be secured against
entry by unauthorized persons. All vehicle keys shall be secured separately.
In the event Permittee's storage areas are filled to capacity, the Permittee shall
not be relieved of its responsibility with regard to storage of vehicles pursuant to the
Permit, and shall be required to make alternate arrangements for storage (as required
to comply with the terms of the Permit). Any storage area proposed to be utilized by
Permittee, which was not identified in its Permit application, must obtain the prior written
approval of the City Manager or his designee prior to commencement of such use.
Permittee's storage area must be located within the city limits of Miami Beach
and shall only be used by Permittee to store vehicles towed within the city limits of
Miami Beach. Vehicles shall be stored for a minimum of seven (7) days, after which
they may be removed to a storage area outside the city limits of Miami Beach, but within
Miami -Dade County, Florida. Any vehicle with a "police hold," shall not be stored
outside the city limits of Miami Beach.
Permittee may not charge an additional towing fee for removal of a vehicle for
storage outside the city limits of Miami Beach. An owner (or other authorized individual)
claiming a vehicle stored outside the city limits of Miami Beach shall be given the option,
without charge, of either free transportation to the vehicle, or having the vehicle returned
to the Permittee's Miami Beach storage area.
No storage charges shall be assessed for any vehicle which, pursuant to
authorization of the City Manager or his designee, is stored at a City facility.
In addition to the storage area(s), the Permittee shall have a permanent on-
premises office, which shall be staffed on a 24 -hour basis by at least one (1) employee.
Permittee shall also provide on- premises security in the form of one or more of
the following: night dispatcher or watchman; security guard service; security dog; or
security cameras.
Notwithstanding the preceding paragraph, Permittee shall be required to hire City
off -duty police officers on the premises on holidays and during all major events in the
City. "Holidays" are herein defined as any City of Miami Beach recognized /observed
legal holiday. Major events are herein defined as those events identified in the City's
Major Event Planning (MEP), as same may be amended from time to time. In the event
that the MBPD is unable to fulfill the off -duty requirement, Permittee may satisfy the
requirement by hiring off -duty police officers from other jurisdictions (i.e. Miami -Dade,
City of Miami, etc.).
Permittee must post a City- approved sign at its on- premises facility indicating
charges (as shall have been approved by the City). This sign must include a statement
about the accepted methods of payment and the number and kinds of identification
required. At a minimum, the sign must be in one inch (I ") lettering, with contrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
All areas accessible to the public must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. Permittee shall be
prohibited from utilizing or maintaining any sort of public announcement (PA) system
from its premises, so as to eliminate and /or reduce amplified and other noise to the
surrounding neighborhood.
AA Am' BEAc H
177.7
OFFICE OF THE MAYOR AND COMMISSION 'MEMORANDUM
- • .
TO: Jorge Gonzalez, City Manager
FROM: Jerry Libbin, Commissioner 0 1 7 44/C--
DATE: May 9, 2011
SUBJECT: Agenda item for the May 11, 2011 Commission meeting; a discussion regarding
a request from Tremont Towing to amend their towing permit minimum requirements for vehicle
storage.
Please place on the agenda for the May 11, 2011 Commission meeting; a discussion regarding
a request from Tremont Towing to amend their towing permit minimum requirements for vehicle
storage.
Please contact my office at ext. 7106 if you have any questions.
JL/er
1/4/6 are committed to providing excellent public service and safety to all who live, work, and ploy in our Agenda Item RI
Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: May 11, 2011
25—
SUBJECT: DISCUSSION REGARDING A REQUEST FROM TREMONT TOWING TO
AMEND THEIR TOWING PERMIT MINIMUM REQUIREMENTS FOR VEHICLE
STORAGE.
ANALYSIS
The City has two towing service providers, Beach Towing and Tremont Towing. Each
towing service provider is issued a towing permit which stipulates all rules and regulations
regarding towing in the City. Pursuant to Section 35 of the Towing Permit, entitled, "Changes
in Rules and Regulations ", any and all amendments to the Administrative Rules and
Regulations for Police Department and Parking Department Towing Permits as well as any
request by a permittee(s) to amend their towing permit, must be approved by the Mayor and
City Commission.
The City has received a request from Tremont Towing to relocate their towing facility from
1916 Bay Road to 1861 Bay Road. The Planning Board Conditional Use Permit stipulates a
maximum of 49 spaces, further the Building Permit issued for this location reflects 31
spaces. Currently, the Administrative Rules and Regulations for Police and Parking
Department Towing Permits require minimum vehicle storage capacity for one hundred
(100) vehicles. In order for Tremont Towing to be able to operate in the proposed new
location, an amendment to the required number of spaces is necessary; if the Commission
wishes to grant Tremont's request, the following Resolution accomplishes the necessary
amendments.
In addition, the resolution establishes two additional provisions that are intended to further
limit the towing industry within the City and more specifically within Sunset Harbour
neighborhood. They are: 1.) Creating a maximum number of vehicle storage capacity within
a facility and 2.) Prohibiting storage of vehicles towed outside the jurisdiction of Miami
Beach.
RESOLUTION 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S ADMINISTRATIVE
RULES AND REGULATIONS FOR POLICE DEPARTMENT AND PARKING
DEPARTMENT TOWING PERMITS, AS REFERENCED ON JULY 15, 2009; AMENDING
SECTION 5, ENTITLED, "STORAGE AREA/STORAGE FACILITY(IES)," BY 1.)
AMENDING THE MINIMUM VEHICLE STORAGE CAPACITY FROM ONE HUNDRED
(100) VEHICLES, TO NO LESS THAN THIRTY -ONE (31) VEHICLES, AND NO MORE
THAN OF ONE HUNDRED (100) VEHICLES AT ANY ONE AUTHORIZED FACILITY; AND
2.) REQUIRING PERMITEES TO UTILIZE THEIR TOWED VEHICLE STORAGE
May 11, 2011
City Commission Memorandum
Towing Permits
Page 2 of 5
AREAS /STORAGE FACILITIES LOCATED WITHIN THE CITY LIMITS OF THE CITY OF
MIAMI BEACH TO ONLY STORE VEHICLES TOWED FROM WITHIN THE CITY LIMITS
OF THE CITY OF MIAMI BEACH.
The minimum number should adequately address the City's typical needs for storage. On
average the City initiates approximately 14,000 public tows per year. This translates to
approximately 38 public tows per day. The capacity at both locations should be sufficient to
meet typical demand. Of course, there are peak periods of extraordinary demand from time
to time. The City has taken appropriate measure to handle peak periods.
The Administration is suggesting that the Administrative Rules and Regulations also include
a maximum number of vehicles stored at any one site. The two towing companies are
located in the Sunset Harbour Neighborhood. By limiting the number of vehicles stored on
any one site, the overall impact to the neighborhood will be diminished. Additionally, in a
further attempt to reduce the negative impact of towing operations on the surrounding
neighborhood, the Administration is suggesting that the Administrative Rules and
Regulations be amended to prohibit the storage of vehicles towed from outside the
jurisdiction of the City of Miami Beach.
RESOLUTION 2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE RELOCATION OF TREMONT TOWING'S
(PERMITTEE) OPERATIONS, INCLUDING THE PERMITTEE'S VEHICLE STORAGE
AREA, FROM ITS CURRENT LOCATON AT 1916 BAY ROAD, TO ITS NEW LOCATION
AT 1861 BAY ROAD, MIAMI BEACH, FLORIDA.
Chapter 106, Article V, Sections 106 -211 through 106 -222 of the Miami Beach City Code,
provide for the issuance by the City of towing permits for the towing of vehicles identified by
the City as requiring removal from public property.
Tremont Towing has requested an approval to relocate from 1916 Bay Road to 1861 Bay
Road. Tremont has received an approval from the City's Planning Board for a Conditional
Use Permit. In approving this request, the Planning Board imposed the following conditions:
1. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall provide a progress report to the Board in 90 days after the Certificate
of Use /Business Tax Receipt has been issued. The Board reserves the right to
modify the Conditional Use approval at the time of a progress report in a non -
substantive manner, to impose additional conditions to address possible problems
and to determine the timing and need for future progress reports. This Conditional
Use is also subject to modification or revocation under City Code Sec. 118 -194 (c).
2. This Conditional Use Permit is issued to Tremont Towing, Inc. Any change of
owner /operator shall require review and approval by the Planning Board as a
modification to this conditional use permit. Subsequent owners /operators shall be
required to appear before the Board to affirm their understanding of the conditions
listed herein.
3. The conditions of approval for this Conditional Use Permit are binding on the
applicant, the property's owners, and all successors in interest and assigns.
4. The applicant, now and in the future, shall abide by all the documents submitted with
this application for a towing yard Conditional Use Permit and all statements made at
May 11, 2011
City Commission Memorandum
Towing Permits
Page 3 of 5
the public hearings.
5. The hours of operation shall be proposed by the applicant, seven days a week 24
hours a day, pursuant to the towing permit agreement with the City.
6. The maximum number of vehicles permitted to be stored in the facility shall be 49.
7. The applicant shall apply for a Modified Certificate of Use /Business Tax Receipt to
reflect the new total of permitted vehicles after the required alterations have been
completed.
8. The nine parking spaces required with the change of use from warehouse to towing
shall be maintained and shown as such on the plans prior to the issuance of a
building permit or a Certificate of Use /Business Tax Receipt.
9. The applicant shall obtain a full building permit, for the work proposed herein within
18 months from the date of the meeting, and work shall proceed in accordance with
the Florida Building Code. Extensions of time for good cause, not to exceed a total
of one year for all extensions, may be granted by the Planning Board, provided a
request in writing is submitted to the Planning Director in advance of the expiration of
the original approval.
10. Security personnel shall take measures to keep noise disturbances and vehicles
blocking the driveway and street to a minimum.
11. A Closed Circuit TV system facing the street that maintains video surveillance at all
times shall be installed prior to the issuance of a Certificate of Use /Business Tax
receipt.
12. The applicant shall satisfy outstanding liens and past due City bills, if any, to the
satisfaction of the City prior to the issuance of a Certificate of Use /Business Tax
receipt.
13. The applicant shall be responsible for maintaining the adjacent areas fronting Bay
Road and all around the property in excellent condition, keeping these areas clean
and free of all refuse at all times.
14. The Planning Board shall retain the right to call the applicant back before them and
modify the hours of operation or impose additional conditions should there be
issuance of written warnings and /or notices of violation about loud, excessive,
unnecessary, or unusual noise.
15. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach,
Florida (a /k/a "noise ordinance "), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118 -194; Code of the City of Miami Beach, Florida.
16. The entire area shall be fenced off in such a way so as to obscure the operations
from the street. A new metal fence shall be provided with a solid metal shield on the
back in order to completely block views of the business operation from the public
right -of -way subject to the review and approval of Design Review Board staff.
17. The entire area shall be gated at all times. Vehicular access gates shall only be
open when vehicles are entering or exiting the property, otherwise gates shall be
closed at all times.
18. No vehicle tow trucks, towed vehicles, other vehicles shall ever be stated /parked or
in any other way be on the right of way or the sidewalk. All tow trucks shall be stored
on the site and not on the right -of -way or the sidewalk.
19. Tow trucks shall be prohibited from traveling on Purdy Ave (Sunset Harbour Drive) at
all times.
20. At no time shall tow trucks be in the right of way or blocking the flow of traffic on Bay
Road.
21. Tow trucks and all vehicles shall be strictly prohibited from backing into or out of the
property.
May 11, 2011
City Commission Memorandum
Towing Permits
Page 4 of 5
22. In consideration of the proximity of the Publix exit ramp and safety concerns, all
business operations shall be conducted off the right -of -way or the sidewalk, and
there shall not be a walk up window that allows people to congregate on the
sidewalk.
23. All of the existing Coconut Palms shall be retained and rotected during construction
p 9
and appropriate landscaping shall be installed in order to provide buffer between the
business and the surrounding neighborhood subject to the review and approval of
staff. The proposed palm trees facing the right -of -way shall be replaced with shade
trees to match the same species as those approved for the future garage across the
street inclusive of irrigation and landscape uplighting.
24. All tow trucks shall operate within the speed limits and obey all traffic signals and
signs.
25. All car alarms and other such devices shall be disabled or be prevented from
sounding within the lot or operational area.
26. A violation of any of these conditions shall subject the applicant to an immediate call
back before the Board for a Progress Report and possible setting for modification or
revocation hearing.
27. This Conditional Use Permit listing all the conditions of approval shall be recorded in
the Public Records of Miami -Dade County, Florida at the expense of the applicant.
28. This order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall
be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and /or it is appropriate
to modify the remaining conditions or impose new conditions.
29. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non - compliance shall constitute a violation of
the Code of the City of Miami Beach, Florida, and shall be subject to enforcement
procedures set forth in Section 114 -7 of the Code and such enforcement procedures
as are otherwise available. Any failure by the applicant to comply with the conditions
of this Order shall also constitute a basis for consideration by the Planning Board for
a revocation of this Conditional Use permit.
30. Nothing in this order authorizes a violation of the City Code or other applicable law,
nor allows a relaxation of any requirement or standard set forth in the City Code.
While the Planning Board allowed a maximum of 49 storage spaces, it should be
noted that the building permit only reflects thirty -five (35) vehicle storage spaces. The
Commission should determine if the License Agreement should link Tremont to the
number showing on the permit plans or the maximum number of storage spaces
allowed under the Conditional Use Permit.
Please note that Tremont will need to apply to modify their existing Certificate of
Use /Business Tax Receipt to reflect the change from towing storage to full towing service,
and update the new total of permitted vehicles from 49 spaces as approved under the
Conditional Use Permit to 31 spaces shown in the permit set. The relocation of Tremont
Towing is also contingent upon their satisfying all of the aforementioned Conditional Use
conditions. A preliminary inspection was conducted on Friday, May 6, 2011, confirming that
the majority of the stipulations identified in the Conditional Use permit have been completed
with the exception of the following: Item No. 11 requires two cameras facing the street be
installed; however, while the cameras are in place the office equipment has not been
installed and the CCTV system was not operational at the time of inspection. A final
inspection will be performed prior to the approval of a modification of the Certificate of
Use /Business Tax Receipt and the site becoming operational to confirm the CCTV system is
May 11, 2011
City Commission Memorandum
Towing Permits
Page 5of5
operational.
Condition #2, requires that any change of owner /operator be approved by the Planning
Board as a modification to the existing conditional use permit, and subsequent
owners /operators are required to appear before the Board to affirm their understanding of
the conditions. Condition #1 requires Tremont to provide a progress report to the Planning
Board ninety (90) days after the Certificate of Use /Business Tax Receipt has been issued.
Should an anticipated ownership relationship change for Tremont Towing, Inc. trigger the
above requirement; both the progress report and the approval of change in ownership can
occur at the same Planning Board meeting, most likely on August 23, 2011.
In addition to the Planning Board conditions, as part of the License Agreement, the City
should request that a copy of the video feed for the thirty (30) days preceding should be
provided to the Parking Department every month. Additionally the License Agreement should
also include the prohibition of the storage of vehicles towed from outside the City's
jurisdiction as required in the proposed amendment to the Administrative Rules and
Regulations.
The Commission also should take into consideration the difference in the storage capacity of
Tremont's proposed site and the storage capacity of the second towing service provider,
Beach Towing. Tremont's new site will hold, according to the current building permit, a total
of 31 vehicles. Beach Towing, the second provider, has the capacity to store approximately
100 vehicles (it should be noted that the City is currently reviewing this capacity, furthermore,
Beach Towing has an overflow lot approved by the City that can accommodate an additional
25 vehicles). On an average day, both service providers can handle the needs of the City on
a one to one basis (38 public tows). On a daily basis, the Administration suggests that after
the maximum capacity of 31 vehicles is reached for Tremont, all additional tows be directed
to Beach Towing, administrative Protocols will be established to ensure efficient
implementation of this recommendation.
In an effort to ensure compliance with the Code provisions and the amended Administrative
Rules and Regulations, this License Agreement between the City and Tremont Towing shall
require that the operations on the original site (1916 Bay Road) cease to exist.
CONCLUSION
If the Mayor and Commission are satisfied that all operational issues are addressed by the
requested modifications to the Administrative Rules and Regulations for Police Department
and Parking Department Towing Permits, and that the relocation of Tremont Towing from
1916 Bay Road to 1861 Bay Road will not create a negative impact to the surrounding
neighborhood, as determined by the Planning Board in their deliberations and approval of
the Conditional Use Permit, the Commission should approve the attached resolutions.
JMG /JGG /SF
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